A Republican legislative candidate accused of not being eligible to hold public office due to state residency requirements said the complaint filed against him is “politically motivated.”

Attorneys presented evidence in a Maricopa County Superior Court hearing Sept. 3 alleging Michael Way of Queen Creek isn’t eligible to be a member of the Legislature because he hasn’t lived in the state for three uninterrupted years prior to the election in accordance with state law. Way recently won his primary race to be a nominee for the state House of Representatives in the Republican stronghold of Legislative District 15. 

Way testified to the court that he believes the complaint against him was driven by the Arizona Freedom Caucus after he was asked about a news release from North Carolina Republican state Rep. Keith Kidwell’s office calling for an investigation of Way’s voting history. Kidwell leads the ultraconservative Freedom Caucus in the North Carolina House of Representatives. 

“It is my position that he was tipped off and asked to put this on his letterhead and put out on social media after the story broke,” Way said. “He is a member of the Freedom Caucus … I believe this is all politically motivated.”

LD15 Republican precinct committeewoman Deborah Kirkland filed the complaint against Way days after The Arizona Republic published a story that questioned if Way is eligible to hold public office because of voter records showing he voted in North Carolina’s 2022 general election. 

Kidwell said in his news release that he wants Way to be investigated for “possible voter fraud.”

“I am deeply concerned by reports that Michael A. Way voted in North Carolina during a period for which he attested that he was in fact living in Arizona,” Kidwell said. 

Freedom Caucus members aren’t the only ones who have weighed in on the issue. Rep. David Cook, R-Globe, sent a letter to Attorney General Kris Mayes on Sept. 3 calling for her office to investigate the allegations against Way, according to a Washington Post report. Several Freedom Caucus members have criticized Cook during his time at the Legislature.

Cook wrote: “A number of politicians beat the drums regarding election integrity frequently. This seems to be the poster child for laws ensuring election integrity – we cannot have individuals simply picking and choosing which state they want to vote in depending on the election.”

Kirkland testified that she supported Way’s opponent Peter Anello in the primary election. Anello was endorsed by Rep. Jacqueline Parker, R-Mesa. Parker represents the district and is a member of the Arizona Freedom Caucus but she isn’t seeking re-election. 

Anello also ran on the same slate as Rep. Neal Carter, R-San Tan Valley, and Arizona Freedom Caucus Chairman Sen. Jake Hoffman, R-Queen Creek. 

Kirkland said she initially planned to support Way after the primary election because he’s a Republican but changed her mind after she became aware of The Arizona Republic article. 

“I feel that Mr. Way lied to me,” Kirkland said. “How can it not be a little personal.”

Kirkland also said she didn’t support Way during the primary election because she felt that he wasn’t active enough within the LD15 GOP precinct committee. 

Way said he voted in North Carolina in a 2021 municipal election and in the state’s 2022 general election. He also testified that he and his family lived in multiple properties in North Carolina but said he was stationed there for a temporary work assignment for his company Charter One while visiting Arizona almost every month to see family, report on his business dealings, and attend church events. 

“I would give him a big hug and I would say ‘welcome home,’” Charter One Managing Partner William Guttery said of how he greeted Way every time he saw Way when he returned from North Carolina.

Way said he’s considered Arizona his home since 2009 when his family moved to the state. He’s been out of the state for extended periods including a church mission to Brazil for two years, law school at the University of Wyoming, and the North Carolina work assignment. Way said he often frequented Arizona during each absence and left most of his personal belongings with family each time. 

Way’s attorney, Andrew Gould, said there is no law preventing a person from being registered to vote in two states and there is no duty on a voter to cancel their voter registration.

It is a felony to vote in the same election in multiple states. Way said he didn’t vote in Arizona during the North Carolina elections that he participated in. He said he voted in those North Carolina elections because he believed it was his civic duty and it was in the best interest of his company.

Kirkland’s attorney Tim La Sota said Way’s North Carolina voter registration is an admission of residency in the state. 

“We’ve got nothing but self-serving testimony in Mr. Way’s defense,” La Sota said. “One should not be able to avail oneself the right to vote in one state and then say oh you know what – I didn’t really mean that. I should still be able to register to vote in another state when they have the residency requirement that overlapped.”

La Sota also questioned Way about an opinion article he wrote that was published by The Carolina Journal in January 2023 that describes Way having “deep roots and an appreciation” for his family’s home in the greater Raleigh area. 

Way said he didn’t write the editor’s description La Sota referenced and it was likely done by a person on Charter One’s marketing team that didn’t run it by him before the article was published. 

Maricopa County Superior Court Judge Rodrick Coffey, an appointee of former Gov. Jan Brewer, said he will try to rule on the case no later than Sept, 9. Coffey also took a motion to dismiss the case by Gould under advisement but proceeded with the evidentiary hearing due to the expedited pace the case needs to proceed.